Nursing home abuse

Nursing home residents enjoy the same protections as everyone else in the community and also have rights protected by nursing home law.

We feel that quality treatment of nursing home residents has not been adequately enforced by the law. We want to change this. Elringtons’ health lawyers can help you with advice and representation for you or a loved one.

Elder abuse – what is it?

The Australian Law Reform Commission, in its report titled ‘Elder Abuse – A National Legal Response’, stated that:

“Elder abuse, as described by the WHO, is ‘a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person’. It can take various forms, such as physical abuse, psychological or emotional abuse, financial abuse, sexual abuse, and neglect.”

What rights do nursing home residents have?

Nursing home residents have the same rights as the wider community when it comes to their bodily integrity. By this, we mean that residents have the same universal right to determine what happens to their own bodies.

Nursing home residents also have special rights under the Aged Care Act, the law which governs nursing homes. The rights are called the Charter of Rights and Responsibilities. These rights include:

Full and effective use of personal, civil, legal and consumer rights

Quality care appropriate to individual needs

To be treated with dignity and respect

To live without exploitation, abuse or neglect

To live in a safe, secure and homelike environment

To be treated and accepted as an individual

To have individual preferences taken into account

To be treated with respect

To be free from reprisal, or a well founded fear of reprisal, in any form for taking action to enforce rights